Dharmendra Kumar Srivastava vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21191 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52778
 
Court No. - 28
 

 
Case :- APPLICATION U/S 482 No. - 7654 of 2023
 

 
Applicant :- Dharmendra Kumar Srivastava
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another
 
Counsel for Applicant :- Raj Priya Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

Instant application under Section 482 Cr.P.C has been filed with prayer to quash the impugned charge-sheet no. 01 dated 13.12.2020 as well as summoning order dated 08.04.2021 passed in Criminal Case No. 281/2021 arising out of the Case Crime No. 194 of 2020 under Section- 323, 308, 504, 506 of IPC, Police Station- Malipur, District- Ambedkar Nagar so far as it relates to the petitioner, which is pending before the Court of Civil Judge (J.D) Tanda, Ambedkar Nagar in the interest of justice. It is further prayed before this Hon'ble High Court that it may kindly be pleased to stay the further proceeding of the Criminal Case No. 281/2021 arising out of the Case Crime No. 194 of 2020 under Section- 323, 308, 504, 506 of IPC, Police Station-Malipur, District- Ambedkar Nagar so far as it relates to the petitioner, which is pending before the Court of Civil Judge (J.D) Tanda, Ambedkar Nagar.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case with false and frivolous allegations. He further added that the applicant is not involved in committing the alleged offence as has been mentioned in the first information report.

At this stage, learned counsel for the applicant submits that he does not want to press the application and seeks liberty to file bail application before the learned trial court which may be decided in view of law laid by Hon'ble Supreme Court's judgment in the case of Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51.

Learned A.G.A. has no objection to the prayer made by learned counsel for the applicant.

On due consideration to the submissions of learned counsel for the parties, it is provided that in case, the applicant appears before the trial court within two weeks from today and files bail application, the same shall be decided expeditiously in view of law laid down in the case of Satender Kumar Antil (supra).

The application is disposed off accordingly.

Order Date :- 8.8.2023

Anurag